PIL instrument(s)

Case number and/or case name

BGH, 23.10.2012 – X ZR 157/11

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

22 October 2012

Appeal history

CJEU's case law cited by the court

Summary

The defendant based in Denmark offers holiday homes in catalogues in Germany. The plaintiff rented a holiday home in Belgium which showed several defects the defendant didn’t fix. The plaintiff left the place and claimed for repayment and compensation. The court decided that there was no exclusive jurisdiction pursuant to Art. 22 no. 1 Brussels I. It held that the rule didn’t applied to the case that a commercial tour operator and a consumer concluded a contract on the renting of a house and several supplementary services such as information and advices. The judgment was made in accordance with the jurisdiction of the CJEU in Hacker (C-280/90). It can therefore be considered correct.